IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NOS.22856/2017, 22858/2017 & 24737 OF 2017(GM-RES) BETWEEN:
1. GAUHAR AZIZ KHOMANI S/O MOHAMMED LUKMAN KHOMANI, AGE ABOUT 34 YEARS, R/AT BARH SAMAILA VILLAGE, LALGANJ POST, DARBHANGA DISTRICT, BIHAR STATE. (IN W.P.NO.22856/2017) 2. KAMAL HASAN @ KAMAAL S/O MOHAMMED HASNAIN @ BADSHA, AGE ABOUT 26 YEARS, R/AT BALLAHA VILLAGE, BISFI POLICE STATION, MADHUBANI DISTRICT, BIHAR STATE. (IN W.P.NO.22858/2017) 3. MOHAMMED KAFI AKHTAR @ KAFI S/O ABDUS SALAM, AGE ABOUT 29 YEARS, R/AT BARH SAMAILA VILLAGE, LALGANJ POST, KEOITY POLICE STATION, DARBHANGA DISTRICT, BIHAR STATE. (IN W.P.NO.24737/2017) ..PETITIONERS (BY SRI.MOHAMMED TAHIR, ADVOCATE) AND 1. STATE BY CUBBON PARK POLICE BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BUILDING, BANGALORE – 560 001.
2. PRINCIPLE SECRETARY ADMINSTRATIVE DEPT, KARNATAKA STATE GOVERNMENT VIDHANA SOUDHA, BANGALORE-01.
3. DIRECTOR DEPARTMENT OF PROSECUTION GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE – 01. …RESPONDENTS (BY SANDESH J.CHOUTA, AAG A/W SRI.VIJAYAKUMAR MAJAGE, ADDL.SPP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C TO QUASH THE SANCTION ORDER ISSUED BY RESPONDENT NO.2 AT ANNEXURE B1 TO B5 IN SC NO.871/2013 (ARISING OUT OF CRIME NO.92/2010) SC NO.871/2013 (ARISING OUT OF CRIME NO.92/2010) SC NO.869/2013 (ARISING OUT OF CRIME NO.93/2010) SC NO.870/2013 (ARISING OUT OF CRIME NO.94/2010) SC 872/2013 (ARISING OUT OF CRIME NO.95/2010) AND SC NO.868/2013 (ARISING OUT OF CRIME NO.96/2010) RESPECTIVELY, AND CONSEQUENTLY ALSO QUASH CHARGES IN ALL FIVE CASES UNDER SECTIONS 13(1)(a), 13(1) (b), 16(1)(b), 18, 19, 20 of UAPA ACT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In view of the memo filed by the learned counsel for the petitioners, petitions filed by petitioner No.3 (accused No.5), petitioner No.5 (accused No.12) and petitioner No.6 (accused No.13) are dismissed as having become infructuous.
Sd/- JUDGE rs